Disposed

Sindhu Rana and Ors. v. the State Govt of NCT of Delhi and Anr.

Delhi HC2 Sept 2024CRL.M.C./6853/2024

Case brief

AI extract

What is this about?

Husband and in-laws sought quashing of a dowry-related FIR after amicable settlement with the complainant, who confirmed resolution and resumed cohabitation. The court treated the petition as one under section 528 BNSS and, following Supreme Court precedent on quashing upon settlement, quashed the FIR and all proceedings arising from it.

What did the court decide?

FIR No.99/2021 dated 01.04.2021 under sections 498/406/34 IPC at P.S. Mohan Garden quashed; all proceedings therefrom closed.

Sindhu Rana and Ors. Vs the State Govt of NCT of Delhi and… — Dowry and Cruelty | Delhi HC (2024)

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6853/2024

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SINDHU RANA AND ORS .....Petitioners Through: Mr. Dayanand Sharma, Advocate.

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versus

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THE STATE GOVT OF NCT OF DELHI AND ANR.....Respondents

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Through: Ms. Shubhi Gupta, APP for the State with SI Ranjan, P.S. Badarpur. . Mr. Shailendra Singh, Advocate for R2.

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CORAM:

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HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 02.09.2024

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CRL.M.A. 26193/2024 (exemption)

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CRL.M.A. 26194/2024 (exemption)

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Exemptions granted, subject to just exceptions.

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The applications stand disposed-of.

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CRL. M.C. 6853/2024

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By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), the petitioners, who are the husband and in-laws of the complainant/respondent No.2, seek quashing of case FIR No.99/2021 dated 01.04.2021 registered under sections 498/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Mohan Garden, New Delhi.

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Though the present petition has been filed under the provisions of the Cr.P.C., in the opinion of this court, on a plain but meaningful reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), proceedings are to be “ disposed of, continued, held or

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CRL.M.C. 6853/2024

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Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:53:22

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made ” in accordance with the Cr.P.C. only in cases where such proceedings , viz. “ any appeal, application, trial, inquiry or investigation ”, were already pending immediately before the date on which the BNSS came into force, i.e., 01.07.2024. It appears therefore, that while inserting the repeal and savings provision in section 531 of the BNSS, the intention of Parliament was to not disrupt on-going proceedings; and to therefore not change the governing law during the pendency of such proceedings.

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Since the present petition is a fresh proceeding and has been filed after 01.07.2024, in the opinion of this court, the present petition ought to have been filed under the BNSS. Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 528 of the BNSS.

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The petition is also supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their I.D.s.

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The petitioners as well as respondent No.2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

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The court has interacted with respondent No.2. She confirms that she has resolved all her disputes with the petitioners; and that she has been co-habiting with petitioner No.1 since 27.02.2024.

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Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab &

CRL.M.C. 6853/2024

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Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Accordingly, FIR No.99/2021 dated 01.04.2021 registered under sections 498/406/34 of the IPC at P.S.: Mohan Garden, New Delhi is quashed. All proceedings arising therefrom also stand closed.

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